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STATE v. SUMMERS

823 A.2d 15 (2003)

176 N.J. 306

STATE of New Jersey, Plaintiff-Respondent, v. David SUMMERS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 28, 2003.

Attorney(s) appearing for the Case

Jodi L. Ferguson, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Casey N. MacDonald, Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney).

Hillary K. Horton, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Acting Attorney General, attorney).

The opinion of the Court was delivered by VERNIERO, J.

A jury convicted defendant of multiple drug charges, including possession and distribution of a controlled dangerous substance (CDS). The question before us is whether the State's expert witness intruded on the jury's fact-finding role by expressing what defendant argues was an impermissible opinion on guilt. Specifically, the expert expressed the view that facts presented in a hypothetical (modeled on identical...

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